20080299 Ver 1_Public Comments_20080707

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08 - 0ag9
July 3, 2008 o
JUL 7 2008
DENR WATERWAUT?
WETLANDS AND AT RMWATER BRANCI t
TROUT
Cindy Karoly UNLIMITED
NCDENR: Division of Water Quality
2321 Crabtree Blvd; Suite 250
Raleigh, NC 27604
Re: Permits for reconstruction of dam at Linville Land Harbor
Dear Ms. Karoly:
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We understand that the Army Corps of Engineers and the NC Department of
Environment and Natural Resources are considering permit applications for the
reconstruction of a dam (Plan A) on the Linville River at a location known as the Linville
Land Harbor (LLH). These comments on the dam reconstruction are submitted on behalf
of North Carolina Trout Unlimited (NCTI 1) and the Southern Environmental Law Center
(SELC).
Until the 1960s. the Linville River was one of the premier cold-water fisheries in
western North Carolina, including brook trout and brown and rainbow trout. However,
since then, six dams have been built on the Linville River. These darns and other
continuing developments throughout the watershed have significantly reduced water
quality and quantity to the detriment of the fishery and aquatic life.
For the past five years, NCTU has been successfully working with local land
owners to restore portions of the Linville River. Our ongoing activities on the West Fork
of the Linville River are nearing completion. Working with -willing landowners,
additional restoration and rehabilitation throughout the watershed is our long-term goal.
Your regulatory permitting decisions related to the deteriorated condition of the
existing dam at Linville Land Harbor presents a 'once in a lifetime' opportunity to
reverse this trend of continued stream degradation, and to begin to return the Linville
River to its once natural condition.
Since 2007, NCTU has been actively participating with a large group of LLH
residents opposed to dam reconstruction, Plan A. An alternative to the LLH Board's
Plan A, commonly known as "Plan B", appears to present a viable option that satisfies
your regulatory requirements and is more consistent with the goals of the Clean Water
Act and the North Carolina Water Quality Act.
Plan B involves: building a levee that maintains a significant portion of the
current lake, removal of the current deteriorating dam, and restoration of a free flowing
Linville river through the dewatered lal<e bed. We feel this alternative: reduces the
numerous negative environmental impacts of dam reconstruction, would be a major step
toward returning the Linville River to its free-flowing state, and offers significant
benefits for aquatic species, fish, and wildlife, while significantly increasing
opportunities for recreational river usage.
The negative impacts of dams on fish and wildlife are well-known. Dams impede
fish migration, trap sediment, and raise water temperature to the point where trout and
other aquatic species are placed in jeopardy. We feel the Plan B proposal would avoid or
reduce these impacts and is worthy of your consideration as a viable alternative to the
LLH Board's proposed Plan A.
A11 costs for implementation of Plan A would be the responsibility of the LLH
property owners, with the most recent estimates in the $6 million range. We believe Plan
B would be eligible for Clean Water Management Trust Fund grants that could
significantly reduce the cost to individual LLH property owners, down to the $2 million
range. While out of your regulatory control, we hope that dam reconstruction will not
proceed until the residents and property owners of Linville Land Harbor have had a full
opportunity to debate these matters and to decide whether they prefer Plan A or B.
We urge you to use your full regulatory powers as you review the proposed dam
reconstruction permits for Plan A. NCTU feels Plan B is far better for the Linville River
watershed, its fish and wildlife, and its full recreational uses than reconstruction of the
LLH dam.
Thank you for your consideration of these comments.
Sincerely,
Rusty Berrier
James "Rusty" Berrier
CTU
Chairman
Squeak Smith
Michael R. "Squeak" Smith
Trout Unlimited
Board of Trustees
Douglas Ruley
Douglas A. Ruley
SELL
Senior Attorney